Justice Department orders California counties to set aside ballots from suspected noncitizens
Justice Department Orders California Counties to Review Ballots
Goldlaner.com – The Justice Department orders California counties to identify voters federal officials believe may be noncitizens and to separate any related mail ballots before counting. The requests, sent to local election officials days before the midterm election, have intensified a dispute over voter-registration records and the evidence required to challenge eligibility.
Federal officials warned that knowingly counting ballots cast by noncitizens could create potential criminal consequences. The effort follows repeated, unsubstantiated claims by President Donald Trump that widespread election fraud has occurred.
Federal requests sent to county election offices
Letters to county election administrators seek cooperation with the Justice Department and Department of Homeland Security to determine the citizenship status of people identified in federal records.
“Identify who on the accompanying list is a citizen and who is not.”
In a letter to San Bernardino County, First Assistant US Attorney Bill Essayli said people who knowingly tabulate ballots cast by individuals identified by federal agencies as noncitizens could risk being treated as aiders and abettors of a federal crime.
County officials have raised concerns about whether the federal lists are accurate or useful. Santa Cruz County received 81 names and said it was still reviewing them. County Clerk Tricia Webber said most of the records examined appeared to concern people who were no longer active voters in the county.
“They are either canceled or inactive records.”
Webber also said at least one person on the list had never been registered in Santa Cruz County. In Modoc County, an election official said the only person named in its federal list also appeared never to have been registered there.
Several counties report receiving lists
Marin County received a list of 48 people described in a federal letter as “likely aliens,” while Solano County said it received 170 names. Nevada County reviewed a list of 10 names and said it was confident state and federal law were being followed.
Santa Clara, Napa, Butte and Amador counties confirmed they received federal correspondence. Riverside County said Saturday afternoon that it had not received a letter. As the Justice Department orders California counties to review these records, local officials must balance the federal request with election laws governing voter eligibility and ballot handling.
Earlier request gave officials 48 hours
The latest notices follow an October 13 demand from acting Deputy Attorney General Trent McCotter. That letter gave Los Angeles County and California Secretary of State Shirley Weber 48 hours to examine a federal list of suspected noncitizens who had been sent mail ballots for the November election.
The earlier request included a password-protected thumb drive containing names of people the administration believed were probably not US citizens. It asked election officials to temporarily set aside ballots when citizenship could not be verified, but it did not demand that voter registrations be canceled.
Los Angeles County Clerk Dean C. Logan responded that eligibility decisions require verifiable evidence rather than unconfirmed matching data.
“Maintaining accurate voter registration records is a fundamental responsibility of our office.”
“Federal and state laws are clear on how voter eligibility is established – and any action to remove a voter from eligibility must be based on verifiable information, not assertions of unconfirmed data matching.”
In an email to the California Association of Clerks and Election Officials, Logan described the newer Justice Department action as threatening and intimidating toward local officials less than two weeks before Election Day. He said the department had inaccurately characterized Los Angeles County’s response to the earlier request and set a deadline the county considered unenforceable.
Justice Department lawsuit targets mail ballots
The Justice Department sued California and Los Angeles County last week, seeking to stop the counting of more than 20,000 mail ballots tied to people the federal government believes may be noncitizens. A federal judge scheduled a hearing for the following week, but the department asked the 9th US Circuit Court of Appeals on Friday to intervene before that hearing.
The case places the Justice Department orders California counties effort at the center of an urgent legal and administrative conflict. County election workers are being asked to assess federal information while continuing to follow California and federal rules for processing ballots.
California election FAQ
What does it mean for a ballot to be set aside? A ballot may be separated temporarily while officials review questions about the voter’s eligibility. The federal request did not itself require counties to cancel registrations.
Can a county remove a voter based only on a federal list? Los Angeles County said that voter eligibility and any removal action must be based on verifiable information, not unconfirmed data matching.
Which counties have confirmed receiving federal correspondence? San Bernardino, Santa Cruz, Marin, Solano, Nevada, Santa Clara, Napa, Butte and Amador counties confirmed receiving letters or lists. Riverside County said it had not received one as of Saturday afternoon.
What happens next? Counties will continue reviewing the federal information, while the legal dispute over mail ballots proceeds in federal court.
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